CHOUTHURAM & ORS Vs. SUA RAM & ORS

JUDGEMENT

(1.) This appeal has been filed under Order 43 Rule 1(r), C.P.C. by the plaintiff-petitioners-appellants (In short plaintiffs) against the order of the learned District Judge, Jaipur District, dated March 29, 1990 rejecting the application of the appellants moved under Order 39 Rules 1 and 2, C.P.C.

(2.) The facts of the case giving rise to this appeal may be summarised thus. Along with the plaint for specific performance and injunction, an application under Order 39 Rules 1 and 2, C.P.C. was filed with the averments, in short, as follows : The fields bearing Khasra No. 294, measuring 8 bighas 1 biswa and No. 295, measuring 4 bigha 7 biswa, situated in the village Begas (tehsil Jaipur), were in the khatedari of defendant No. 7 Chiranji Lai. With his permission, the fields are being cultivated by the plaintiffs for last ten years, the adjacent fields bearing Khasra No. 207 and 216 are in their (plaintiffs') khatedari and there exists a well in the field bearing Khasra No. 207. All these four fields are being irrigated by the water of this well. Their house is also in the fields bearing Khasra No. 294. The defendant No. 7 Chiranjilal agreed to sell his two fields bearing Khasra No. 294 and 295 at the rate of Rs. 3000/- per bigha on June 18, 1985 to them (plaintiffs) and obtained Rs. 3,000/- in advance. It was agreed in between him and plaintiffs that the remaining amount would be paid at the time of registration of the sale-deed. He further obtained Rs. 10,000/- from them on January 5, 1987. He was repeatedly requested by them to get the sale-deed executed and registered but he did not execute it. On the contrary, he sold his khatedari rights in respect of the field bearing Khasra No. 294, measuring 8 bighas and 1 biswa, through the registered sale-deed dated February 12, 1987 to defendants No. 1 to 6. They (defendants) are trying to dispossess them forcibly from the said field bearing Khasra No. 294. On their reports, the police have registered cases against them (defendants) under Section 107, Cr.P.C. and a challan has also been filed against them under sections 147, 323,447,427 and 379, I.P.C. If temporary injunction is not granted, their suit would become infructuous, great complications would arise, the balance of convenience is in their favour and they would suffer irreparable loss.

(3.) Defendants No. 1 to 6 seriously opposed the application. In their reply, they have averred that the defendant No. 7 Chiranjilal has executed a sale-deed in their favour selling his khatedari rights in respect of the field bearing khasra No. 294, measuring 8 bighas 1 biswa, after obtaining the entire sale consideration and he has duly delivered its possession and mutation has been effected in their favour. They have traversed almost all the averments of the application.